Chapter 9.74 — CHANGE OF ZONE OR ZONING ORDINANCE TEXT

The procedures set forth in this chapter are directory regulations governing amendments to the zoning map changing any property from one zone to another, but such regulations are mandatory only to the extent made so by the California Planning and Zoning Law. (Ord. 80 Art. V(I)(1), 1984; Ord. 862 § 2, 2022)

An amendment to the official zoning map may be initiated by order of the planning commission or the council or by an application of one or more of the owners of property affected by the proposed amendment or change.

(Ord. 80 Art. V(I)(2), 1984; Ord. 862 § 2, 2022)

Applications shall be filed with the secretary of the planning commission on forms which will be furnished by said secretary, and applications shall be accompanied by such data and information as may be prescribed for that purpose by the commission so as to assure fullest practicable presentation of facts for the permanent record.

(Ord. 80 Art. V(I)(3), 1984; Ord. 862 § 2, 2022)

No application from an owner of property for the same general purpose concerning the same property which has been denied by the planning commission or city council shall be received or processed by the secretary of the planning commission within twelve months of such denial except by unanimous consent of the members of the commission present at a regular meeting of said commission.

(Ord. 80 Art. V(I)(4), 1984; Ord. 862 § 2, 2022)

A filing fee as established by city council resolution shall be paid at the time of the filing of an owner's or owner's representative's application, but no fee will be required in the case of proceedings instituted by either the council or the planning commission. (Ord. 80 Art. V(I)(5), 1984; Ord. 862 § 2, 2022)

A filing fee as established by city council resolution or any amendments thereto for an appeal to the city council from a decision of the planning commission relating to an application for a change of zone under the provisions of this chapter shall be paid at the time of filing for such appeal. (Ord. 80 Art. V(I)(6), 1984; Ord. 862 § 2, 2022)

Upon the filing of any such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hearing thereon before said commission. Notice of the public hearing shall be provided in accordance with Chapter 9.09 of this title. (Ord. 80 Art. V(I)(7), 1984; Ord. 320 § 4, 1991; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

The planning commission shall cause to be made by any of its own members, or by any member or members of its staff, such investigation of facts bearing upon such application or matter set for hearing (including any analysis of precedent cases), as in the opinion of the commission will serve to provide the necessary information to enable the commission to act. (Ord. 80 Art. V(I)(8), 1984; Ord. 862 § 2, 2022)

• A. At the time and place so fixed and noticed, the public hearing shall be conducted before the planning commission. The commission may establish its own rules for the conducting of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any persons testifying.

• B. The commission may, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

• C. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the files of the case.

• (Ord. 80 Art. V(I)(9), 1984; Ord. 862 § 2, 2022)

If from the facts presented to the commission at the public hearing the commission finds that the lot area development standard for the proposed zone is the same as the standard designated on the general plan map for the property subject to the proposed zone change, and finds further that the proposed zone change, or any portion thereof, is in the interests of the public health, safety, necessity, convenience, general welfare, and is in accordance with good zoning practice, the commission shall recommend approval of such proposed change of zone to the council; otherwise it shall be disapproved. The commission shall make its findings and recommendations in writing within thirty days from the date of the close of the hearing and shall forthwith transmit a copy thereof to the applicant and to the city clerk for scheduling on a council meeting agenda in the case of a recommendation of approval, or for individual transmittal of copies to members of the council in the case of a disapproval (in which case it shall not be placed on an agenda unless a council member so requests). If the commission recommends approval of the proposed zone change, or any portion thereof, it shall also transmit to the council for action the report of its findings and recommendation thereon together with the records of its proceedings including the application, minutes of the hearing and exhibits admitted at said hearing. Any recommendation so transmitted shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to applicable general and specific plans. If the commission fails to make findings and a recommendation within the time specified in this section, it shall lose jurisdiction thereof and the applicant may appeal or request a hearing thereon by the council as provided in this chapter.

(Ord. 80 Art. V(I)(10), 1984; Ord. 862 § 2, 2022)

Upon receipt of a recommendation for approval, together with the commission's report and reasons relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a public hearing, with notice as provided in accordance with Chapter 9.09 of this title. After the council has conducted said hearing with notice thereof as provided above, the council shall either:

• A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or

• B. If the council does not agree with all or any part of the commission's recommendations, refer the matter back to the commission for a report on the parts in question. Upon receiving the report of the commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.

(Ord. 80 Art. V(I)(11), 1984; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

§ 9.74.120. Criteria.

The commission, in recommending, and the council, in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:

• A. The proposed change of zone is in conformity with the general plan map and report, and the lot area development standard for the proposed zone is the same as the lot area designated on the general plan map for the property subject to the proposed zone change.

• B. The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.

• C. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.

• (Ord. 80 Art. V(I)(12), 1984; Ord. 862 § 2, 2022)

• A. If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk. Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practice required such change or amendment.

• B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practice required the change or amendment involved. The council may grant any appealed application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in accordance with Chapter 9.09 of this titleand shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.

• C. The procedure of the council - in effecting a change or amendment initiated by commission or council order, rather than by application of property owners, which has been disapproved by the commission, shall be the same as that set forth for the granting of an appealed application.

• (Ord. 80 Art. V(I)(13), 1984; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

The original of the official zoning map shall be kept on file with the city clerk and shall constitute the original records. A copy of said map shall be filed with the city planner. (Ord. 80 Art. V(I)(14), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

All ordinances making. amendments and changes shall be published or posted by the city clerk as provided by law. These data shall at that time be filed with the city planner. (Ord. 80 Art. V(I)(15), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

The city planner shall, generally on at least a quarterly basis, cause the official zoning map composite to be revised and updated in order to include all changes to date and to replace the original or amended official zoning map which is part of this title. No changes shall be made upon such revised map that have not been made through regular zones change procedure. (Ord. 80 Art. V(I)(16), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Any amendment to the text of this chapter which imposes any regulation not heretofore imposed or removes or modifies any such regulation theretofore imposed may be made according to the procedure set forth in this chapter. However, these directory regulations are mandatory only to the extent made so by the California Planning and Zoning Law. (Ord. 80 Art. V(I)(17), 1984; Ord. 862 § 2, 2022)

• A. The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided in this chapter.

• B. The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.

• (Ord. 80 Art. V(I)(18), 1984; Ord. 862 § 2, 2022)

The planning division shall study the proposed amendment and shall provide information necessary to assure action consistent with the intent of this ordinance and the general plan and shall report the findings to the commission.

(Ord. 80 Art. V(I)(19), 1984; Ord. 862 § 2, 2022)

• A. The hearing date shall be set by the secretary of the planning commission for not less than ten, nor more than forty-five days after the initiating motion by the commission or council.

• B. Notice of the public hearing shall be provided in accordance with Chapter 9.09 of this title. (Ord. 80 Art. V(I)(20), 1984; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

• A. The commission shall, not less than ten days after the publication or posting of the legal notice of a public hearing on an amendment, hold said public hearing.

• B. Within thirty days after the conclusion of the public hearing, the commission shall file its recommendation with the council together with a report of findings, hearings and other supporting data.

• (Ord. 80 Art. V(I)(21), 1984; Ord. 862 § 2, 2022)

• A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation.

• B. Notice shall be given as provided in Chapter 9.09 of this title.

• (Ord. 80 Art. V(I)(22), 1984; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)

• A. The council shall, not less than ten days, nor more than thirty days after the publication of the legal notice of a public hearing on an amendment, hold said public hearing.

• B. The council may adopt by ordinance the amendment recommended by the commission after holding at least one public hearing thereon. The council may modify the amendment recommended by the commission; provided the proposed modification has been referred back to the planning commission for a report, pursuant to subsection C of this section.

• C. The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council, said report to be filed with the council not more than forty days after the referral by the council.

• (Ord. 80 Art. V(I)(23), 1984; Ord. 862 § 2, 2022)

Minor zoning ordinance text amendments which neither impose new regulations nor remove or modify existing regulations may be initiated and adopted as other ordinances are initiated and adopted.

(Ord. 80 Art. V(I)(24), 1984; Ord. 862 § 2, 2022)

Following the denial of a zone change application, no application for a zone change for the same or substantially the same zone district on the same or substantially the same site shall be filed within one year from the date of denial unless such denial was a denial without prejudice by the city council.

(Ord. 80 Art. V(I)(25), 1984; Ord. 862 § 2, 2022)